G. Vemanna vs Joint Collector (Civil Supplies) and Others

C.V. Nagarjuna Reddy, J.—The petitioner is the fair price shop dealer of Cherlopalli Village, Puttaparthi Mandal, Anantapur District. As he was involved in a criminal case, which was taken cognizance as Sessions Case No. 356 of 2003 by the learned Additional Sessions Judge, Hindupur, his dealership was suspended by respondent No. 2 by order, dated 25.07.2002. A temporary dealer was appointed in the petitioner''s place. The petitioner was eventually acquitted of the criminal offence by the Sessions Court by the judgment, dated 28.04.2006, a copy of which was filed by the petitioner before this Court. The grievance of the petitioner is that even though suspension of his dealership is based on the registration of a criminal case and he was acquitted of the same, his authorisation has not been restored.

The learned Assistant Government Pleader for Civil Supplies, on instructions, submitted that respondent No. 2 is in the process of restoring the petitioner''s fair price shop authorisation.

In my opinion, when the petitioner''s fair price shop authorization was suspended only on the sole ground of his involvement in the criminal case, his authorisation ought to have been restored on his acquittal in the criminal case. Respondent No. 2 is, therefore, directed to forthwith restore the petitioner''s authorisation.

The writ petition is accordingly allowed. As a sequel to disposal of the writ petition, W.P.M.P. No. 16074 of 2013 shall stand disposed of as infructuous.